008.pdf
582 KB
Extraction Summary
5
People
2
Organizations
2
Locations
2
Events
4
Relationships
2
Quotes
Document Information
Type:
Legal document (waiver of the service of summons)
File Size:
582 KB
Summary
This document is a Waiver of the Service of Summons filed on November 27, 2019, in the case of Maria Farmer v. Darren K. Indyke et al (Case No. 1:19-cv-10474-NRB) in the Southern District of New York. Attorney Bennet Moskowitz of Troutman Sanders LLP signed the waiver on November 25, 2019, on behalf of defendants Darren K. Indyke and Richard D. Kahn, agreeing to waive formal service and respond to the complaint within 60 days. The waiver is addressed to plaintiff's attorney David Boies.
People (5)
| Name | Role | Context |
|---|---|---|
| Maria Farmer | Plaintiff |
Plaintiff in the lawsuit against Indyke et al.
|
| Darren K. Indyke | Defendant |
Named defendant and party waiving service of summons.
|
| Richard D. Kahn | Defendant |
Party waiving service of summons alongside Indyke.
|
| David Boies | Attorney |
Plaintiff's attorney addressed in the waiver.
|
| Bennet Moskowitz | Attorney |
Attorney signing the waiver on behalf of Indyke and Kahn.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| United States District Court for the Southern District of New York |
Court where the case is filed.
|
|
| Troutman Sanders LLP |
Law firm representing the defendants (Indyke and Kahn).
|
Timeline (2 events)
2019-11-25
Waiver of Service of Summons signed by Bennet Moskowitz on behalf of Darren K. Indyke and Richard D. Kahn.
New York, NY
Locations (2)
| Location | Context |
|---|---|
|
Jurisdiction of the court.
|
|
|
Address of Troutman Sanders LLP.
|
Relationships (4)
Plaintiff v. Defendant in Civil Action No. 1:19-cv-10474-NRB
Listed as Plaintiff's attorney
Signed waiver on behalf of Indyke
Signed waiver on behalf of Kahn
Key Quotes (2)
"I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case."Source
008.pdf
Quote #1
"I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit... but that I waive any objections to the absence of a summons or of service."Source
008.pdf
Quote #2
Full Extracted Text
Complete text extracted from the document (2,745 characters)
Case 1:19-cv-10474-NRB Document 8 Filed 11/27/19 Page 1 of 1
AO 399 (01/09) Waiver of the Service of Summons
UNITED STATES DISTRICT COURT
for the
Southern District of New York
for the
Southern District of New York
Maria Farmer
Plaintiff
v.
Darren K. Indyke et al
Defendant
Plaintiff
v.
Darren K. Indyke et al
Defendant
Civil Action No. 1:19-cv-10474-NRB
WAIVER OF THE SERVICE OF SUMMONS
To: David Boies
(Name of the plaintiff's attorney or unrepresented plaintiff)
(Name of the plaintiff's attorney or unrepresented plaintiff)
I have received your request to waive service of a summons in this action along with a copy of the complaint,
two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.
two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.
I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.
I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court's
jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.
jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.
I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within
60 days from 11/25/19, the date when this request was sent (or 90 days if it was sent outside the
United States). If I fail to do so, a default judgment will be entered against me or the entity I represent.
60 days from 11/25/19, the date when this request was sent (or 90 days if it was sent outside the
United States). If I fail to do so, a default judgment will be entered against me or the entity I represent.
Date: 11/25/19
Signature of the attorney or unrepresented party
Darren K. Indyke and Richard D. Kahn
Printed name of party waiving service of summons
Printed name of party waiving service of summons
Bennet Moskowitz
Printed name
Printed name
Troutman Sanders LLP, 875 Third Avenue, New York, NY 10022
Address
Address
Bennet.Moskowitz@troutman.com
E-mail address
E-mail address
(212) 704-6087
Telephone number
Telephone number
Duty to Avoid Unnecessary Expenses of Serving a Summons
Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons
and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in
the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure.
Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons
and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in
the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure.
"Good cause" does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has
no jurisdiction over this matter or over the defendant or the defendant's property.
no jurisdiction over this matter or over the defendant or the defendant's property.
If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of
a summons or of service.
a summons or of service.
If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff
and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.
and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.
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